ACCEPTED
01-15-00221-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/14/2015 4:37:03 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00221-CR, 01-15-00222-CR
GARY JAMES COX, IN THE COURT OF APPEALS
FILED IN
APPELLANT 1st COURT OF APPEALS
HOUSTON, TEXAS
9/14/2015 4:37:03 PM
v. FIRST SUPREME JUDICIAL
CHRISTOPHER A. PRINE
DISTRICT Clerk
THE STATE OF TEXAS,
APPELLEE HOUSTON, TEXAS
MOTION FOR EXTENSION OF TIME TO
FILE STATE'S RESPONSE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas,
pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and moves for an
extension of time in which to file the State's Brief and would respectfully show the
Court of Appeals as follows:
1. The appellant was convicted of SEX OFFENDER'S FAILURE TO COMPLY,
ATTEMPTED SEXUAL PERFORMANCE OF A CHILD, and was sentenced
on 2/4/2015. The trial case was styled as State oj Texas v. Gary James Cox, in the
122nd Judicial District Court of Galveston County, Texas, Cause Nos. 13-CR-0184,
14-CR-3561. Appellant filed timely Notice of Appeal. The Appellant's brief was
filed with this Court on 8/7/2015.
2. The present due date for filing the State's brief is 9/8/2015.
3. This is the State's first motion for extension of time to file its brief.
4. The State requested and was granted an extension on the companion case 01-15·
00220-CR to 10/9/2015. The State inadvertendy forgot to request an extension on
the two above cases. The State requests the two cases be extended along with the
comparuon case.
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5. The State requests an extension to file its brief on or before 10/9/2015.
6. The State requests this extension not for delay but because during the last seventy-
five days, the undersigned attorney for the State:
• Completed a State's response brief in Lamar HI/liter v. Slate, 01-14-
00895-CR, on 7/7/2015.
• Attended a CLE on 7/9/2015 and 9/10/2015.
• Completed a State's response brief on Writ of Mandamus in In Re
Alllollio Sepeda, 14-15-00288-CV, on 8/13/2015.
• Attended a TDCAA Legislative update on 8/20/2015.
• Completed a State's response brief in Ralph Garda v. Slate, 01-14-
00954-CRon 9/11/2015.
• Handled 72 expunctions and nondisclosures, and
misidentification expunctions.
• Completed post-conviction writ answers on case numbers: 11-CR-
0345-83-1 (Mario Meza); 98-CR-0358-83-3, 98-CR-0359-83-3, 98-
CR-0360-83-3, 98-CR-0361-83-3, 98-CR-036Z-83-3 (Keith SI.
AI/bill).
7. The State must also complete its response brief toA,ltho,!y Bradford v. Siale, 14-
15-00Z01-CR & 14-15-0020Z-CR, due on September Z1, 2015.
8. The State must also complete its response brief to Robert Rollills v. Slale,01-14-
00768-CR, due on October 26, 2015.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that this Court of Appeals extend the time to file the State's brief until October 9, 2015.
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Respectfully submitted,
JACKRO Y
C DISTRICT
G NCO
Assistant Criminal District Attorney
600 59 th Street, Suite 1001
Galveston County, Texas 77551
Tel.(409)766-2355, fax (409)766-2290
State Bar Nwnber: 24062850
a1lison.lindblade@co.ga!vcston.tx.us
CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the State certifies this brief is computer generated,
and consists of 364 words.
Assis riminal District Attorney
eston County, Texas
CERTIFICATE OF SERVICE
The undersigned attorney for the State certifies that a copy of the above motion
was faxed/ emailed/ eFiled / or mailed to Joel Bennett, Attorney for Appellant, at
jocl@scarsandbcnnctt.com on September 14, 2 15.
. tant Criminal District Attorney
Galveston County, Texas
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AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on September 14, 2015, appeared Allison
Lindblade, who by me duly sworn did depose and state on oath the following:
"I, Allison Lindblade, Attorney for the State of Texas, have read
the Motion for Extension of Time to File the State's Brief, and swear that
the infonnation contained therein is true and correct"
riminal District Attorney
veston County, Texas
SWORN TO AND SUBSCRIBED before me on September 14, 2015.
NOTARY PUBLIC in and for
the State of Texas
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